Habeas Corpus

18,780 Florida cases classified under this topic · sorted by citation count

• Bass v. Louie Wainwright
  675 F.2d 1204· 11th Cir.· 1982-05-10 ·cited 31×
  The court held that a prior dismissal of a habeas corpus petition based on a misapplication of law does not preclude a subsequent petition if the ends of justice would be served by reconsideration, and the petitioner must be given an opportunity to explain any failure to appeal t
• Williams v. Louie L. Wainwright
  673 F.2d 1182· 11th Cir.· 1982-04-19 ·cited 31×
  A prosecutor's statement that evidence was 'uncontradicted' does not impermissibly comment on a defendant's Fifth Amendment right to remain silent if the jury would not necessarily interpret it as such.
• Caplan v. Vokes
  649 F.2d 1336· 9th Cir.· 1981-07-06 ·cited 31×
  The court held that the statute of limitations was not tolled for Caplan's flight and that the district court failed to adequately establish dual criminality and the principle of specialty for the remaining charges, requiring a remand.
• Henson v. Estelle
  641 F.2d 250· 5th Cir.· 1981-03-30 ·cited 31×
  The court held that a habeas petitioner's claims regarding a 1960 conviction were barred by Rule 9(a) due to prejudicial delay, but the 1948 conviction required an evidentiary hearing.
• Adams v. Murphy
  394 So. 2d 411· Fla.· 1981-01-29 ·cited 31×
  The Florida Supreme Court answered a certified question from the Fifth Circuit by holding that attempted perjury does not exist as a crime under Florida law. The court reasoned that perjury is fully proven by the overt act of willfully giving false testimony under lawful oath on
• Delaney v. Giarrusso
  633 F.2d 1126· 5th Cir.· 1981-01-05 ·cited 31×
  The court held that the illegal arrest claim requires exhaustion of state remedies, while the excessive force claim can proceed on the merits. The judgment dismissing the excessive force claim is affirmed, and the illegal arrest claim is vacated and remanded.
• Henson v. Wyrick
  634 F.2d 1080· 8th Cir.· 1980-11-12 ·cited 31×
  The court held that a sheriff hand-picking jurors from his acquaintances, especially when his deputies investigated the crime, violates due process and the right to a fair jury.
• Hanson v. Cir. Court OF the First Jud. Cir. OF Ill.
  591 F.2d 404· 7th Cir.· 1979-01-29 ·cited 31×
  A fine-only conviction does not constitute 'custody' for federal habeas corpus purposes, and a Section 1983 action cannot be used to collaterally attack a state court conviction when habeas corpus is unavailable due to lack of custody.
• Huynh THI ANH and Dao Thanh Linh v. Levi
  586 F.2d 625· 6th Cir.· 1978-10-20 ·cited 31×
  Federal courts should not assert jurisdiction over child custody disputes, even involving aliens, as these matters fall within the traditional purview of state courts and require exhaustion of state remedies.
• Richardson v. United States
  577 F.2d 447· 8th Cir.· 1978-06-15 ·cited 31×
  The court held that a defendant's conclusory allegations contradicting statements made during a guilty plea proceeding are insufficient for post-conviction relief without a valid reason for the contradiction. However, failure to inform a defendant of the maximum special parole te
• United States ex rel. Norman Wilcox H-5413 v. Johnson
  555 F.2d 115· 3d Cir.· 1977-04-29 ·cited 31×
  A criminal defendant's statutory right to testify cannot be conditioned upon the waiver of their constitutional right to counsel; such a choice is an impermissible infringement.
• Fain v. Duff
  488 F.2d 218· 5th Cir.· 1973-12-07 ·cited 31×
  The court's denial of rehearing en banc is dissented from, arguing the majority opinion improperly uses habeas corpus to prelitigate constitutional defenses in state criminal prosecutions.
• Foxworth v. State
  267 So. 2d 647· Fla.· 1972-09-20 ·cited 31×
  William Foxworth, convicted in 1944 of first-degree murder as a 14-year-old, sought review of his conviction via habeas corpus on appeal from a federal court's remand directing the state to provide appellate review with counsel. The Florida Supreme Court affirmed the conviction,
• Shiflett v. Commonwealth OF Va.
  447 F.2d 50· 4th Cir.· 1971-06-24 ·cited 31×
  The judge, initially concurring with the panel majority, now joins the en banc opinion, agreeing with prospective application of the decision.
• United States ex rel. Rogelio Nieves Negron v. The State OF NEW York
  434 F.2d 386· 2d Cir.· 1970-10-15 ·cited 31×
  The court held that the lack of adequate translation for a non-English speaking defendant rendered his trial constitutionally infirm, violating due process.
• Buster O'Neal v. Smith
  431 F.2d 646· 5th Cir.· 1970-09-10 ·cited 31×
  The court held that the district court did not err in denying habeas corpus relief, finding that the appellant received effective assistance of counsel and knowingly and voluntarily pleaded guilty.
• United States ex rel. John G. O'Brien C-8019 v. Maroney
  423 F.2d 865· 3d Cir.· 1970-03-31 ·cited 31×
  A defendant represented by privately retained counsel who knows of his right to appeal and acquiesces in his counsel's decision not to appeal cannot claim a denial of due process or equal protection, even if the advice was improvident, unless there is a showing of counsel's misco
• Dunn v. Cal. Dep't OF Corr.
  401 F.2d 340· 9th Cir.· 1968-10-08 ·cited 31×
  The court held that a state prisoner's parole revocation is not a federal constitutional question unless arbitrary or capricious, and the prisoner's claims did not meet this standard.
• Brookins v. State
  174 So. 2d 578· Fla. 3d DCA· 1965-05-04 ·cited 31×
  James Douglas Brookins appealed the summary denial of his habeas corpus petition challenging his second-degree murder conviction and 20-year sentence. The court affirmed the denial, holding that his allegations of inadequate counsel at the preliminary hearing, illegal arrest, and
• Rees v. Peyton
  341 F.2d 859· 4th Cir.· 1965-02-01 ·cited 31×
  The court held that the search and seizure were lawful, the denial of a change of venue or venire was proper, and the defendant's incarceration location did not prejudice him.
• Varholy v. Sweat
  153 Fla. 571· Fla.· 1943-10-08 ·cited 31×
  Pauline Varholy challenges her quarantine for gonorrhea under Florida health laws, arguing in a habeas corpus petition that the quarantine violates her constitutional liberty. The Florida Supreme Court affirms the quarantine, holding that the state's police power to protect publi
• Enoch D. Hall v. State
  212 So. 3d 1001· Fla.· 2017-02-09 ·cited 30×
  The Florida Supreme Court affirmed the postconviction court's denial of Hall's motion to vacate his first-degree murder conviction and death sentence, and denied his habeas petition. Hall was convicted of murdering Corrections Officer Donna Fitzgerald while imprisoned and claimed
• Victorino v. State
  127 So. 3d 478· Fla.· 2013-10-10 ·cited 30×
  Troy Victorino was convicted of six counts of first-degree murder and sentenced to death. On appeal of his postconviction relief motion, he challenged numerous aspects of his trial, including claims of ineffective assistance of counsel under Strickland v. Washington and a constit
• Guzman v. Sec'y, Dep't OF Corr., Fla. Attorney Gen.
  663 F.3d 1336· 11th Cir.· 2011-12-07 ·cited 30×
  In this death penalty case, the Eleventh Circuit affirmed the District Court's grant of habeas relief to James Guzman based on a Giglio violation involving false testimony by the State's key witness, Martha Cronin, and lead detective Allison Sylvester. Both witnesses testified fa
• Cary Michael Lambrix v. State
  39 So. 3d 260· Fla.· 2010-04-15 ·cited 30×
  Cary Michael Lambrix, convicted of two 1983 murders and sentenced to death, appealed the denial of his successive motion for postconviction relief. The Florida Supreme Court affirmed the denial, rejecting claims that the State withheld exculpatory evidence regarding a witness's a
• Bowles v. State
  979 So. 2d 182· Fla.· 2008-02-14 ·cited 30×
  Gary Ray Bowles appeals the denial of his Rule 3.851 postconviction motion and petitions for habeas corpus following his death sentence for murder. The Florida Supreme Court affirms the postconviction court's rejection of all claims, finding no ineffective assistance of counsel,
• Henry v. State
  937 So. 2d 563· Fla.· 2006-05-25 ·cited 30×
  Robert Henry appeals the denial of his Rule 3.850 postconviction motion for relief and petitions for a writ of habeas corpus in this capital murder case. The Florida Supreme Court affirms the denial of postconviction relief, finding no ineffective assistance of counsel at trial o
• United States v. Raphael R. Levy
  391 F.3d 1327· 11th Cir.· 2004-12-03 ·cited 30×
  The Eleventh Circuit erred by refusing to consider the defendant's Sixth Amendment claim based on the intervening Supreme Court decision in Blakely v. Washington, as the claim was not waived but merely forfeited. The court's prior precedent, which held that such claims must be ra
• Chadwick D. Banks v. State
  842 So. 2d 788· Fla.· 2003-03-20 ·cited 30×
  Chadwick Banks, a death row inmate, appealed the trial court's denial of his Rule 3.850 motion for postconviction relief and filed a habeas corpus petition, challenging his death sentence on grounds of ineffective assistance of counsel and constitutional defects in Florida's deat
• Persaud v. State
  838 So. 2d 529· Fla.· 2003-01-23 ·cited 30×
  The Florida Supreme Court dismissed three petitions for extraordinary writs (habeas corpus and mandamus) filed by three criminal defendants seeking review of per curiam affirmances from district courts of appeal. The Court held that it lacks jurisdiction to review per curiam deci
• Shere v. Moore
  830 So. 2d 56· Fla.· 2002-09-12 ·cited 30×
  Richard Earl Shere, sentenced to death for first-degree murder, petitions for habeas corpus relief, claiming his appellate counsel was ineffective for failing to raise proportionality arguments based on his codefendant's life sentence for second-degree murder. The Florida Supreme
• Swafford v. State
  679 So. 2d 736· Fla.· 1996-07-11 ·cited 30×
  Roy Clifton Swafford, convicted of first-degree murder and sentenced to death, appeals the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court reverses the trial court's summary denial and remands for an evidentiary hearing on
• Genorval Slay v. Singletary
  676 So. 2d 456· Fla. 1st DCA· 1996-05-28 ·cited 30×
  The Florida District Court of Appeal, First District, granted rehearing en banc to address whether a sentencing order's award of "credit for all time previously served" was sufficient to grant credit for earned gain-time under State v. Green. The court ultimately vacated the lowe
• Thomas v. R.D. Brewer
  923 F.2d 1361· 9th Cir.· 1991-01-17 ·cited 30×
  A prisoner is entitled to credit for time that should have been used for a diagnostic study, even if the marshal failed to act promptly.
• Richmond v. Lewis
  948 F.2d 1473· 9th Cir.· 1990-12-26 ·cited 30×
  The court held that the panel erred in its harmless error analysis by incorrectly assuming Arizona is not a weighing state, which requires reevaluation when an invalid aggravating factor is present.
• United States ex rel. Nathaniel Simmons v. Gramley
  915 F.2d 1128· 7th Cir.· 1990-10-09 ·cited 30×
  The court held that the petitioner failed to prove ineffective assistance of counsel, either at trial or during post-conviction proceedings, and that the district court did not err in denying an evidentiary hearing.
• Buxton v. Lynaugh
  879 F.2d 140· 5th Cir.· 1989-07-21 ·cited 30×
  The state court's determination of a factual issue based solely on conflicting affidavits, without an evidentiary hearing, was not adequate to afford a full and fair hearing as required by 28 U.S.C. § 2254(d)(2).
• Montgomery v. Petersen
  846 F.2d 407· 7th Cir.· 1988-05-04 ·cited 30×
  The court held that the petitioner was denied effective assistance of counsel because his attorney failed to investigate a crucial alibi witness, and this failure prejudiced his defense.
• Ritter v. Thigpen
  828 F.2d 662· 11th Cir.· 1987-08-27 ·cited 30×
  The court held that the petitioner's claims were barred by the abuse of the writ doctrine, and therefore, a certificate of probable cause and a stay of execution were denied.
• Celestine v. Hilton Butler
  823 F.2d 74· 5th Cir.· 1987-07-18 ·cited 30×
  The court held that the petitioner failed to make a substantial showing of a denial of a federal right, thus denying the certificate of probable cause and stay of execution.
• Sinclair v. Louie L. Wainwright and Jim Smith
  814 F.2d 1516· 11th Cir.· 1987-04-20 ·cited 30×
  The court held that a magistrate had the authority to grant summary judgment under 28 U.S.C. § 636(c) and that the petitioner failed to establish ineffective assistance of counsel on most grounds. However, the court remanded for a determination of a witness's competency to testif
• Thaddeus Michael Lockhart v. O.L. McCOTTER
  782 F.2d 1275· 5th Cir.· 1986-02-18 ·cited 30×
  The court held that the defendant was not deprived of effective assistance of counsel at trial, and although appellate counsel's performance was deficient, the defendant suffered no prejudice because the appellate issues raised were ultimately rejected.
• Garza v. J.D. Henderson
  779 F.2d 390· 7th Cir.· 1985-12-13 ·cited 30×
  The court held that the defendants in the civil rights action were not collaterally estopped from relitigating the issue of whether the plaintiff received an opportunity for an in-person hearing, and that even if a due process violation occurred, the plaintiff could not establish
• Kemp v. Blake
  474 U.S. 998· U.S.· 1985-11-18 ·cited 30×
• Hamilton v. O.L. McCOTTER
  772 F.2d 171· 5th Cir.· 1985-10-03 ·cited 30×
  The court held that the claim of a forged indictment was not procedurally barred and remanded for further consideration, while affirming the dismissal of other claims as abuse of the writ.
• Inglese v. United States Parole Comm'n
  768 F.2d 932· 7th Cir.· 1985-07-26 ·cited 30×
  The court held that the parole guidelines, as applied, did not violate the ex post facto clause because they retained discretion and allowed for individualized consideration.
• Francois v. Louie L. Wainwright
  470 So. 2d 685· Fla.· 1985-05-22 ·cited 30×
  The court held that a successive habeas corpus petition raising claims previously presented and denied is not cognizable, and even if considered, the claim of ineffective assistance of appellate counsel failed to meet the Strickland standard.
• Briley v. Bass
  750 F.2d 1238· 4th Cir.· 1984-12-28 ·cited 30×
  The court held that the jury instructions, when viewed in their entirety, adequately informed the jury of its discretion to recommend life imprisonment and consider mitigating circumstances, and that the exclusion of prospective jurors with death penalty scruples was not an abuse
• Ivie Clay v. Dir., Juv. Div., Dep't OF Corr.
  749 F.2d 427· 7th Cir.· 1984-11-16 ·cited 30×
  The court held that a lawyer's decision not to appeal is not automatically ineffective assistance of counsel, especially when an appeal would be futile or incur significant costs.
• United States Marshals Serv. v. Means
  741 F.2d 1053· 8th Cir.· 1984-08-14 ·cited 30×
  A district court has the discretionary power to order the United States, as a party, to advance fees and expenses for lay and expert witnesses called by the court, to be taxed as costs later, under compelling circumstances.